SLL Capital and their rights under assignment

[Foolishly]

I was reading an old thread from 2018 reagarding Mr lender payday loan selling on  debt to SLL Capital

 

in the thread it gave reference to the fact it was impossible for the buyer of the debt to mark a default on a credit file and it must have been the loan company who placed the default on around the same time the debt was sold.

 

I have a similar issue but it contradicts what was stated in the 2018 thread.

 

Mr lender loan  started 15/5/16

End date 17/8/16 balance 200.00

Settled

 

They sold the debt to SLL Capital  on 17/8/16

Account start date 17/8/16

Balance 344.00

Default 26/9/16

 

Are they now allowed to default a debt they purchased and increase the balance?

[dx100uk]

just because the date is after sale by one month, it just means the OC dragged their heels

doesn't hurt you any more than if it had been done one month before

 

if you are not convinced

sent the OC and sar.

 

 

[Foolishly]

What about the increased balance, are they allowed do to that?

And the date of the default is somewhat strange as it states being after the date sold by Mr Lender. They also sent the following correspondence to me;

 

Original Lender: PDL FINANCE LIMITED T/A MR LENDER
You will have received a DEFAULT NOTICE - you should contact SLL immediately
You were recently posted a Default Notice from SLL Capital due to your breach of payment as per your consumer credit agreement. As you have not paid the full amount or made a successful payment arrangement, you have broken the agreement.

You now have 21 days from the date on the Default Notice to repay the full amount outstanding. If you pay this before the required payment date, no further enforcement action will take place and we will confirm closure of your account.

If we do not receive the payment by the required date or an agreed payment arrangement, further action may be taken against you.

You can arrange payment and find out more about default action on our website, please follow the link to our Default Notice Page:

 

Their correspondence does suggest they are responsible for the default, however I have never actually seen one from them or the OC. I will request a SAR from oc, if however it has been sent from SLL is there anything I can do to have it removed.

Thanks

 

 

[dx100uk]

have you the default notice then?

scan to PDF read upload

 

dx

 

[Foolishly]

Not sure if copy ok

 

Just noticed the DN is for a totally different date from whats recorded in my credt file this is for 27/4/18.

Not really looked at it properly as since August 2016

 

I have received emails every month

some refer to their recent DN sent,

some refer me to take action now to avoid the DN going further.

 

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

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that way only logged-in,registered and approved caggers are the only ones that can download and see them
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else anyone can see them caggers or not.dx

[Foolishly]

Think Ive converted & uploaded correctly this time. 

 

This DN is totally diffrreny to the one marked on my CR FIle. Big difference from 2016 to 2018 (26/09/16 marked as the original DN date).

27th_Apr_18_DN.pdf

[dx100uk]

that's not really compliant with the format of a DN

and anyway, a debt buyer cant issue a default notice.

 

did you ever SAR mr lender?

[Foolishly]

Yes done earlier 

[dx100uk]

no dn in the pack?

 

[Foolishly]

Sorry I meant ealier today, i will see what they send 

[Foolishly]

I have now received my acknowledgement from Mr Lender ref my SAR request.

They are requiring me to complete a lenghty as they call it SAR Form and until I do and return this to them the 1 month period for them to comply wont start.

 

Can they do this, stipulate conditions on their obligation to comply?  

I understand the need for a form of ID, but this in my opinion is an intrusive application form.

[dx100uk]

have you moved since taking this loan out with them?

 

dx

 

[Foolishly]

No same address and same email account. The details they have are all still the same.

 

I was only concerned as the template I used off this does state

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return however, you are not entitled to impose any formality upon me or to require that I complete any particular form or template before you comply with your statutory duty.

 

It also informs them I an requesting All Data, the form they sent requests that you input soecific dates.

 

 

[dx100uk]

short answer is they cant 

 

dx

 

[Foolishly]

Thanks Ive sent them proof of address and DL 

[Foolishly]

Well at long last I received my data from Mr Lender and as I originally thought they did sell on to SLL with there being no record of them issuing a DN before the sale was completed. Therefore it looks as though SLL have indeed took it upon themselves to default the account and record it on my Credit File. I presume I can have this corrected and their DN mark removed. The original lender should have defaulted the account prior to selling the account.

.

[AndyOrch]

Not necessarily.......If the account was still active/ live at assignment ? 

 

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

(c)to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

 

Andy

[Foolishly]

The Mr Lender account states closed as of 17/08/16 no DN issued. The SLL account opened on 17/08/16. The Default date stated 26/09/16 marked on my CF by SLL. This date is after the alledged assignment had been finalised and the account sold by Mr Lender. So does the DC have the authority to issue a DN and also add charges to a balance.

 

[dx100uk]

rather than the loan being sold

did not Mr lender get bought out by SLL? I seem to remember?

so are infact now the OC as such so can issue a DN themselves?

 

dx

 

[Foolishly]

Nope I dont think Mr Lender owns SLL Capital.  I cant find anything that links the companies or any mention of a purchase.

[Foolishly]

Does anyone know if Mr Lender (PDL Finance) has purchased SLL Capital? And if so, where should I be looking to read the info, as unfortunately I am hitting a brick wall in my own research for confirmation of the sale/purchase. Thanks

[dx100uk]

no they didn't 

my bad.

 

dx

 

[Foolishly]

Thanks for reply,

So im right in my assumption that SLL have marked a DN on my credit file unlawfully (as the original lender did not default the account) and I have a right for this to be corrected as they are only a DC who aquire the debt by assignment/purchase.

 

Are there any previous posts you are aware of with similar situations I could read in order for me pursue the issue.

[dx100uk]

i'll find it later

theres a very recent one with link DCA and a debt that was never defaulted by the OC.

where everything is explained by Andyorch.